Consent Orders: What you Need to Know
When two people decide to end their relationship, there are usually joint assets, and if children are involved, their care must be agreed upon. Consent orders typically include property, vehicles, other material assets, along with superannuation-splitting, which is often used as part of an asset agreement.
Drafting Consent Orders
The first step would be to actually sit down with your ex-partner and talk about all aspects of asset division and child care and support, and if this can be done without conflict, the next step would be to contact a family lawyer. The legal expert has experience with superannuation consent orders and can accurately draw up the consent orders in the correct format, and rather than having the orders rejected, the lawyer knows what they will and will not approve, so you can rest assured of approval.
It is common for one party to offer a portion of their superannuation as part of the asset division agreement, and the actual percentage is agreed between both parties (there are no restrictions). One party might accept a percentage of the other party’s superannuation as partial payment for real estate, as an example, and the family lawyer presents the consent orders in the correct format for the court to approve.
With the current Covid-19 pandemic, the family lawyer offers a virtual service, and you can upload documents via their website, which allows the lawyer to read your agreement prior to the actual video consultation. During the call, the lawyer would get a clear understanding and would then be able to start the consent orders, which you would approve prior to submission to the court.
There are instances when the Family Court rejects superannuation consent orders, which might be due to incorrect format, or a lack of contingency clauses, and the family lawyer would refund the fee if the consent orders were rejected. The lawyer is very experienced and providing he or she feels there are no underlying issues with the main points of the agreement, the lawyer can proceed without further delay, and what’s more, you do not have to attend the court, as the lawyer will represent you.
Affordable Legal Services
As you are aware, time is money for lawyers, as it is for many professions, and if you and your ex-partner have come to an agreement, that’s the hard part done. The lawyer does not have to spend much time of preparing the consent orders, therefore they are very reasonable, and with a fixed fee that guarantees court approval, you can move on to the next chapter of your life.